From Casetext: Smarter Legal Research

Long v. Serrano

Supreme Court of California
Apr 1, 1880
55 Cal. 20 (Cal. 1880)

Summary

In De La Guerra v. Newhall the complaint alleged an express promise, and evidence of the wrongful taking of the property under an implied promise was held sufficient, and proof of an express promise to pay was unnecessary.

Summary of this case from Fountain v. City of Sacramento

Opinion

         Department One

         Appeal by the defendant Pico, from a judgment for the plaintiff, in the Seventeenth District Court, County of Los Angeles. Sepulveda, J.

         The action was brought upon a promissory note made by the defendants Serrano, and Bilderrain, and Pio Pico. All the defendants were served and their defaults duly entered, and judgment by default was entered by the clerk against the defendant Pico.

         COUNSEL:

         Cited Stearns v. Aguirre , 7 Cal. 443; Code Civ. Proc. §§ 585, 414; Chipman v. Bowman , 14 Cal. 158; Kelly v. Van Austin , 17 id. 566; Glidden v. Packard , 28 id. 652; Welsh v. Kirkpatrick , 30 id. 205; Willson v. Cleaveland, id. 198; People v. Evans , 29 id. 429; Chitty on Plead. (31) (33).

         Glassell, Smith & Smith, for Appellant:

          Hutton & Godfrey, for Respondent, made no argument.


         OPINION          By the Court (from the Bench):

         On the authority of Stearns v. Aguirre , 7 Cal. 443, and cases subsequently decided, the judgment is reversed and cause remanded.


Summaries of

Long v. Serrano

Supreme Court of California
Apr 1, 1880
55 Cal. 20 (Cal. 1880)

In De La Guerra v. Newhall the complaint alleged an express promise, and evidence of the wrongful taking of the property under an implied promise was held sufficient, and proof of an express promise to pay was unnecessary.

Summary of this case from Fountain v. City of Sacramento
Case details for

Long v. Serrano

Case Details

Full title:LONG v. SERRANO et al.

Court:Supreme Court of California

Date published: Apr 1, 1880

Citations

55 Cal. 20 (Cal. 1880)

Citing Cases

Fountain v. City of Sacramento

It has been frequently decided by the supreme court of this state that where personal property has been…